covid-19: is it time for a will?

covid-19 has many people worried about their health — and their death. there’s nothing like a crisis to get you thinking about getting your affairs in order. as we learn more about the worst-case possibilities of coronavirus, it has prompted some to prepare legal documents like wills to ensure their most personal wishes are made a reality in the event of their death. living wills, which come into effect while you are still alive but are incapacitated and unable to make important medical decisions, are particularly gaining in popularity.richard niedermayer is a trust and estate practitioner (tep) and partner at stewart mckelvey and erin bury is the co-founder and ceo of willful, a toronto-based company whose platform allows users to create a will in as little as 20 minutes. both say they’ve seen a surge in the number of people looking to draw up a living will.here’s what you should know. 

what is a living will?

a living will speaks for you if you are unable to communicate, instructing others to make medical and healthcare decisions on your behalf. “it’s a document that you create when you’re still in sound mind,” says bury. “this is something you would put in place now, and it would come into effect later when, let’s say, you’re in an accident or incapacitated and you needed someone else [to make decisions about your health].” the person chosen to make those decisions will have what’s known as the “power of attorney,”

are living wills different depending on where you live?

niedermayer says that living wills are treated differently across canada.for one, the language around the use of the term “power of attorney” changes, depending on the province or territory. some of these differences are outlined on willful. for example, in ontario, you would make a power of attorney for personal care, and nominate a person for personal care — whereas in alberta or nova scotia, you would file a personal directive and nominate an agent.“the main difference from province to province is the name of the document itself, the [title of] the person you are appointing, and also how you are referred to in the document,” says bury. “sometimes you’re called a maker, sometimes you’re called an adult, the terminology can really differ [across canada].”age is also a factor. “how old you have to be to make [a will] is different,” says niedermayer. “some provinces the requirements are as low as 16,  while in others 19 is [the rule].” he adds that the number of witnesses — people who can confirm that it was in fact you who signed the will —  also differs, with some provinces requiring one witness, others preferring multiple witnesses, while in other parts of canada, you don’t need any.where you live can also determine what decisions you’re able to make on someone’s behalf. in some provinces like saskatchewan, bury says that the attorney’s role would only cover medical rather than personal decisions.

where can i get living will?

living wills can be created with a lawyer, an estate planner or through an online platform. but what makes it legally binding is how it’s printed and signed.legally, will documents have to be printed, signed and witnessed correctly in order to be binding, a fact that’s been made difficult with social distancing. there are guidelines for practicing proper physical distancing when you are having documents signed in person by witnesses, and the government has since passed an emergency order permitting certain documents to be virtually witnessed in some provinces.

do i need a living will?

pandemic or not, having a living will is always a good idea. while estate planners and online platforms have seen a surge in wills due to the fear and anxiety of the pandemic, both niedermayer and bury agree that having these documents in place is “essential,” regardless of whether or not you are facing an immediate crisis. however, in these uncertain times, having a pre-existing condition that puts you at risk for covid-19, or working in essential services makes having a will especially important, says niedermayer.“if you’re not at home and are out there in public working at a grocery store, a pharmacy, a supply chain or [on] the frontline as a healthcare provider, [covid-19] can hit you no matter what age you are,” he says. bury agrees. willful is providing frontline healthcare workers with free emergency planning services, which include preparing living wills.